Dennis Le Blanc v. Rich Wilkinson, City of Lindsay
Published: Jun. 9, 2007 | Result Date: Mar. 30, 2007 | Filing Date: Jan. 1, 1900 |Case number: CV F-04-5971AWI (DLB) Verdict – Defense
Court
USDC Eastern
Attorneys
Plaintiff
Douglas L. Hurt
(Law Office of Douglas L. Hurt)
Defendant
Bruce D. Praet
(Ferguson, Praet & Sherman APC)
Experts
Plaintiff
Robert Feliciano
(technical)
Defendant
S. Alex Stalcup
(medical)
George T. Williams
(technical)
Facts
In October 2003, several public safety officers for defendant City of Lindsay performed a drug bust of the apartment building where Jennifer Le Blanc was located. The search was conducted pursuant to a warrant. Defendant Sgt. Rich Wilkinson kicked open a bathroom door and discovered Le Blanc crouching down. Six grams of methamphetamines were later discovered hidden in her vagina. Defendant Wilkinson shot and instantly killed Le Blanc.
Le Blanc's father, plaintiff Dennis Le Blanc, filed a lawsuit against defendants, alleging excessive use of force and civil rights violations pursuant to the Fourth Amendment and Fourteenth Amendment. The city was voluntarily dismissed prior to trial.
Contentions
PLAINTIFF'S CONTENTIONS:
Le Blanc was not holding anything in her hands at the time she was shot by defendant. The plaintiff contended that the defendants fabricated the detail that Le Blanc was holding a lighter, as it did not have her fingerprints. Further, even if Le Blanc was holding a lighter, defendant did not have to shoot her because she was unarmed. Moreover, defendant failed to utilize all dialogue options before breaking through the bathroom door.
DEFENDANT'S CONTENTIONS:
The defendant contended that the defendant's used a reasonable amount of force, as the chrome tipped lighter in LeBlanc's hand reasonably appeared to be a weapon at the moment Sgt. Wilkinson fired his weapon.
Damages
The plaintiff claimed an unspecified amount for loss of familial relations.
Result
The jury found for defendants, finding that reasonable force was used.
Deliberation
2.5 hours
Poll
8-0
Length
five days
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